Do I have to start my divorce from the beginning again ifI originally filed in 9 years ago?

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Do I have to start my divorce from the beginning again ifI originally filed in 9 years ago?

I was married for 16 years; he left me and the boys. I filed for divorce. His family has a lot of money and put me through hell during the divorce. I couldn’t handle it and gave up and said just tell me when I need to sign the final papers. Sometime about 8 years ago he asked me to come back. At that time I just thought we were divorced; he cheated and was lying again so I left a year later. I checked on getting the final papers only to find out the judge never signed the papers and we were still married.

Asked on September 29, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

By going to see an attorney in your area as soon as you possibly can. Did you sign anything 8 years ago?  Was it a property settlement?  Did you waive any rights?  If you did it sounds as if the agreement was entered in to under duress and that you may have the ability to set it aside.  If your divorce was never signed then you may need to do something procedurally to have it deemed dismissed - but sometimes the other party wakes up and can ask the court to enter it now.  You live in a Community Property state.  You need to know what your rights are here and to stand up for them.  You have been in this marriage for a significant amount of time and you need to make sure that you get what you deserve.  Good luck. 


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